Widow's guardian sues Holocaust center over $1-million 'pledge'

April 17, 2012|By Tonya Alanez, Sun Sentinel

HOLLYWOOD — Relentless harassment, intimidation and deception are how the Holocaust Documentation and Education Center sought to collect an "invalid" $1-million pledge from an incapacitated 89-year-old widow, according to a new lawsuit.

Ada Feingold, of Plantation, and her guardian, Zipora Geva, of Aventura, have had enough and are now asking the courts to intervene.

"We want to put an end to this," said attorney Rebecca Fischer, who represents Geva. "It has become clear that there's not going to be a resolution and rather than have this hanging over the ward's or guardian's heads we decided to take action."

The lawsuit asks that Feingold's alleged pledge be ruled "invalid and unenforceable for lack of a valid contract"; that the center be found negligent for improperly using the $260,000 Feingold did donate; and for the return of 13 paintings created by Feingold's late husband, Julian.

Filed Thursday in Broward Circuit Court, the suit requests a jury trial and damages in excess of $15,000.

Former state Sen. Steve Geller, who represents the center, said the lawsuit was news to him.

"Haven't seen it yet, don't know what's in it, can't comment on it," Geller said. "I'm very surprised about the lawsuit, because I was under the impression that things were being resolved in an amicable fashion."

At the hands of the center and its representatives, Feingold has "suffered monetary loss, mental anguish and psychological injury," the suit says.

In its quest for Feingold's money, the lawsuit says, the center and its representatives have asked Feingold for her credit card number and deducted $5,000 from the account, encouraged Feingold to alter her will and break the guardianship, and actively sought to alienate Feingold from her family and caregiver.

The center has "intentionally inflicted psychological injury" and has "knowingly, by deception and/or intimidation, endeavored to obtain or use the Ward's funds," the suit says.

The lawsuit is just the latest upheaval for the embattled center, which is currently in search of a new home. Hollywood filed a foreclosure action against the center March 2 after it failed to pay the city more than $260,000 in overdue loan payments for its three-story building at 2031 Harrison St.

The lawsuit is the resulting fallout after the center asserted itself as a beneficiary in Feingold's guardianship case and claimed that it was trying "to ensure that [Feingold's] philanthropic plans are not disrupted."

Feingold, who lives with a 24-hour aide, has assets valued at $5.5. million, court records show.

At issue are two letters from the center to Feingold detailing and thanking her for a $1-million pledge.

Feingold signed both letters, one in 2002 and the other in 2010, but they are not binding contractual agreements, says Fischer, who questions the circumstances in which Feingold's signatures were obtained.

The lawsuit also asks that the center be found in breach of contract for improperly using the $260,000 Feingold did give to the center. That money was earmarked for a permanent art gallery to showcase Julian Feingold's paintings. The gallery was to be in a long-promised museum the center has never built.